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1. A message to district magistrates and the police
Recently, two FIRs were registered in Indore under Section 223 of the Bharatiya Nyaya Sanhita (BNS) for violating prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). These sections correspond to Section 188 of the Indian Penal Code (IPC) and Section 144 of the Code of Criminal Procedure (CrPC). The district administration had issued these orders to make Indore beggar-free. However, the legality of registering FIRs under these provisions needs examination.
Legal Provisions and Restrictions
A District Magistrate (DM) can issue orders under Section 163 BNSS in urgent cases of nuisance or apprehended danger. However, begging does not meet this criterion. Even if such an order were valid, Section 215 BNSS (corresponding to Section 195 CrPC) prohibits the police from registering FIRs for violations under Section 223 BNS. Instead, the DM must file a written complaint before the court.
Judicial Precedents
(i) Supreme Court’s Interpretation: In C. Muniappan v. State of Tamil Nadu (2010), the Court ruled that non-compliance with Section 195 CrPC (now Section 215 BNSS) invalidates the prosecution.
(ii) State of U.P. v. Mata Bhikh (1994): The Court emphasized protection against frivolous prosecution.
(iii) Jeevanandham v. State (2018): The Madras High Court ruled that police cannot register FIRs for offenses under IPC Sections 172-188 (now Sections 206-223 BNS).
(iv) Lalita Kumari v. Govt. of U.P. (2014): The principles on mandatory FIR registration do not apply in this context.
(v) Chhattisgarh High Court (COVID-19 Case, 2020): The Court quashed an FIR under IPC Section 188, reinforcing that such offenses require a complaint by a public servant, not police action.
Conclusion and Recommendation
The Indore police should close these cases and inform the DM. If further action is necessary, the DM must approach the court. While the state government could amend the BNSS or enact a local law making begging a cognizable offense, criminalizing poverty is not advisable. Instead, efforts should focus on rehabilitation rather than prosecution.
2. A leap backward for maternity entitlements
Maternity benefits are a legal right for all pregnant women in India under the National Food Security Act (NFSA), 2013. However, in recent years, most women have not received even a single rupee. The central government’s lack of commitment has resulted in a severe decline in these entitlements, despite the growing need for financial and nutritional support during pregnancy.
Shrinking Benefits and Policy Violations
The NFSA mandates ₹6,000 per child for all pregnant women, but this amount has never been implemented. Instead, the Pradhan Mantri Matru Vandana Yojana (PMMVY), launched in 2017, restricts benefits to ₹5,000 for the first child and ₹6,000 for the second child if it is a girl. This is a clear violation of the NFSA, which guarantees universal maternity entitlements.
Declining Coverage and Lack of Transparency
The PMMVY has suffered from poor implementation and a lack of transparency. Official data shows that effective coverage peaked at 36% in 2019-20 but crashed to just 9% in 2023-24. The central government’s budget for the scheme has also fallen drastically, from ₹2,700 crore five years ago to just ₹870 crore in 2023-24. Despite these alarming figures, the Ministry of Women and Child Development has failed to disclose adequate data on the scheme’s performance.
Systemic Issues and Digital Barriers
The decline in maternity benefits is partly due to technical issues in implementation, including software failures and Aadhaar-linked payment hurdles. These problems have excluded a significant number of eligible women. Instead of simplifying access, the government has introduced additional complexities, leading to further delays and denials of benefits.
State-Level Success Stories
While the central government has failed to uphold maternity entitlements, states like Tamil Nadu and Odisha have implemented better schemes. Tamil Nadu provides ₹18,000 per child (with plans to increase it to ₹24,000), and Odisha offers ₹10,000 per child, recently doubled ahead of the 2024 elections. Coverage in these states is far higher—84% in Tamil Nadu and 64% in Odisha—compared to the national figure of less than 10% under PMMVY.
The Need for Reform
Maternity benefits in India display glaring disparities. Women in the formal sector receive 26 weeks of paid leave, whereas women in the unorganized sector struggle to access a mere ₹5,000. The central government must recognize that PMMVY has failed and urgently revamp the program in line with NFSA norms. The benefits should be universal, increased to reflect inflation, and made easily accessible to all eligible women.
Conclusion
The decline of maternity benefits under PMMVY highlights the government’s reluctance to invest in women’s welfare. Strengthening maternity entitlements is not just a legal obligation but also a social necessity for improving maternal and child health. The government must take immediate steps to restore and enhance these benefits, ensuring that no pregnant woman is deprived of her rightful support.
3. The bigger tragedy is the Railways and its systemic inertia
The recent stampede at New Delhi railway station on February 15, 2025, highlights a persistent issue within the Indian Railways—systemic inertia that compromises passenger safety. Despite previous tragedies, such as the Elphinstone Road stampede (2017) and the Allahabad station incident during the Kumbh Mela (2013), preventive measures remain inadequate.
Failures in Crowd Management
The stampede was not an inevitable accident but a preventable failure. Basic crowd control measures—unidirectional movement, elimination of bottlenecks, and robust barricading—were overlooked. The Railways’ last-minute announcement of a special unreserved train on platform 12, while another crowd gathered on platform 14 for the Prayagraj Express, triggered chaos. Additionally, the failure to halt escalators exacerbated congestion.
Despite foreseeing massive crowds for Kumbh-related travel, the Railways failed to prepare adequately. Over 15 lakh passengers traveled to Prayagraj in February via 350 trains, averaging nearly 300 unreserved passengers per coach. The claim that authorities were caught off guard by evening ticket sales is unconvincing.
Accountability and the Need for Structural Reform
The response from railway authorities has been inconsistent—ranging from denial to shifting blame onto passengers. Measures introduced post-tragedy, such as increased security and better monitoring, should have been in place earlier. Instead of ensuring transparency, the inquiry is being conducted by railway executives, who may have conflicts of interest. Unlike train accidents, which warrant independent investigations by the Commissioner of Railway Safety (CRS), this incident lacks external oversight.
Conclusion
The core issue lies in the Railways’ systemic inertia—its failure to learn from past mistakes. Until structural reforms prioritize passenger safety over bureaucratic complacency, such tragedies will continue to be dismissed as unfortunate inevitabilities rather than preventable failures.
4. The impact of ethanol on the environment
Ethanol blending in petrol has been promoted as a sustainable solution to reduce carbon emissions, decrease dependence on oil imports, and boost farmers’ income. However, concerns over its environmental impact, particularly water depletion and pollution from ethanol factories, have raised significant debates.
Ethanol Blended Petrol (EBP) Programme
The Ethanol Blended Petrol (EBP) programme, launched as a pilot project in 2001, aimed to introduce ethanol as a fuel alternative. Encouraged by its success, the government advanced the target of 20% ethanol blending from 2030 to 2025. By 2024, the blend percentage reached 15%, with an estimated requirement of 1,016 crore litres of ethanol by 2025-26.
Environmental Concerns
Despite its perceived benefits, the EBP programme has faced strong opposition, especially in Andhra Pradesh, where ethanol factories have been linked to environmental degradation. Key concerns include:
(i) Water Depletion: Ethanol production is water-intensive, requiring 8-12 litres of water per litre of ethanol. Factories near rivers, such as the Krishna, rely heavily on groundwater, exacerbating water scarcity for farmers.
(ii) Pollution: Emissions from ethanol factories contain hazardous chemicals like acetaldehyde, formaldehyde, and acrolein, which pose serious health risks. However, these pollutants are often overlooked in environmental clearances.
(iii) Lack of Regulation: Ethanol plants fall under the ‘red category’ due to their high pollution scores. Yet, to expedite clearances, they are often set up without public hearings, even near human settlements.
Contrasting Perspectives
Proponents argue that ethanol blending reduces vehicular carbon monoxide emissions by 30% in four-wheelers and 50% in two-wheelers, as per NITI Aayog. However, critics highlight that these benefits may be negated by the pollution generated during ethanol production. While industrialists cite high costs as a barrier to implementing pollution control measures, environmentalists warn of long-term ecological damage.
Conclusion
The push for biofuels should not come at the expense of agriculture, health, and environmental sustainability. Rather than dismissing environmental concerns as “anti-development,” policymakers must ensure that ethanol production follows stringent environmental safeguards. A truly green future must balance economic growth with ecological responsibility.
Disclaimer:
This analysis is based on the editorial content published in The Hindu and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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